Los Angeles daily herald., 1887-08-06
PAPA PERKINS PLEA.
He Says He Had a Right to Tear
the COntract.

the COhbTaCss
The examination OF T. E. Perkins,
who was arrested on last Tuesday
upon charge Of grand larceny for the
alleged stealing of contract from the
office Of Gardner & Clark, the facts
of which were exclusively published
in the HERALD few days ago, came
up yesterday morning before Justice
Austin.
The defendant was present, accom-
panied by his wife and married daugh-
ter, Mrs. Clark. The court room
was crowded with an anxious throng
of spectators, many of who mistook
Mrs. Clark for her sister, the absent
Louise Perkins. Many comments
were passed as to her appearance, and
the assemblage remained throughout
the examination awaiting the time
when Louise would take the stand.
Mrs. Perkins sat in the rear part of
the room hidden behind huge red
fan, from behind which she occasion
ally peered out. Perkins sat beside
his counsel, and during the proceed
ings he pulled nervously at his NOUS
tache, until he finally became evident
ly convinced that he was wearing it
away. He then amused himself by
playing with his vest buttons. j. II.
Gardner, one of the prosecuting wit
nesses, was the first witness called.
He told the story of the case
as follows: "I first called upon
Mr.. Perkins last April, for the
purpose Of securing the agency for his
property situated adjoining my land
at Fulton Wells. called to see him
several times but without accomplish
ing my purpose. Finally one after
noon Mr.. Clark and myself had
meeting, at which Mrs. Perkins was
present. We debated the proposition
and Perkins signed the contract with
out our using any undue influence.
Before Perkins appended his sigma
ture he suggested the advisability of
consulting an attorney, but Mr.. Clark
told him that it was unnecessary.
There was no undue influence used,
and 1 supposed that Perkins signed
the contract on account of its fairness.
A few days after it was executed Mr..
and Mrs. Perkins called at my Office and
wanted to rescind the instrument, but
of course we would not consent. On
last Monday they called again ac-
companied by their son-in-law, Mr..
Clark. They were very much excit-
ed, so much so that refused to talk
with them. They got mp to leave and
as they did SO, Perkins grabbed the
contract from the desk and tore it up.
The contract is worth $11 900 to us. l
paid Perkins a consideration of 81
when the instrument was delivered to
me. The last statement paralysed Mrs.
Perkins, and she nearly fell off of the
bench as she shook her head.
Officer Fletcher testified to having
arrested Perkins and to having picked
up the torn contract on the
street. The prosecution rested
and the defense opened with the testi-
mony of Mr.. Perkins, who testified
as follows 1 was prosecuted nearly to
death by Gardner before l signed the
contract. He promised to subdivide
my property and Immediately place it
upon the market. He said that he
was going to "boom" his land at Full
ton Wells and improve it. He has
not done so. l no sooner had signed
the contract than l regretted it.
notified Gardner that wanted to
take my property out of his hands,
but he would not consent. Last
Monday went into his office to talk
with him, but he said "that l had no
sense" 1 went to go out, and saw
the contract on the desk. 1t was
mine. l was bound to have it, and
l got it and tore it up. l had
a right to do it. When Clark swore
that he paid me dollar on the con-
tract he swore to deliberate false
hood. AGENT neverpassed between us.
Son-in-law Clark took the stand, and
his testimony coincided with his father
in-law's.
j. H. Gardner was recalled and in
terrogated as follows:
"Did you not, in the presence OF
Mr.. Clark, state to HERALD reporter
in answer to a direct question put by
him, that you did not pay any money
on that contract?"
eff l did did not understand the
question. | thought he meant if had
improved the property"
Mr.. Clark was recalled, and he tes-
tilted that he heard the statement
made.
The case was then argued and sub
mitted. The court took the matter
under advisement until the 18th in
slant.